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Trade Remedy Assistance Office (TRAO)

We are a small business that produces and sells a patented product in the United States. We believe that our patent rights are being infringed by products imported into the United States. How do we stop these imported products from infringing our patent rights?

The option available to you at the U.S. International Trade Commission (Commission) is to file a complaint to initiate a Section 337 investigation (see this link for more information on Section 337 investigations https://www.usitc.gov/intellectual_property.htm). The primary remedy available in Section 337 investigations is an exclusion order that directs Customs to stop infringing imports from entering the United States. In addition, the Commission may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337. Section 337 investigations, which are conducted pursuant to 19 U.S.C. § 1337 and the Administrative Procedure Act, include trial proceedings before administrative law judges and review by the Commission.

As a small business, you may receive general information and technical assistance from the Trade Remedy Assistance Office (TRAO). Technical assistance includes informal advice and assistance, including informal legal support, intended to enable eligible small entities to determine the appropriateness of pursuing remedies under Section 337, to prepare complaints, and to seek to obtain the remedies available under Section 337. Technical assistance does not include legal representation of an eligible small business or advocacy on its behalf. Relevant USITC rules are in 19 CFR 213. [PDF]. For further information, contact the Trade Remedy Assistance Program Manager, Joshua Levy, by phone at (202) 205-3236 or 1 (800) 343-9822, or by email at trao@usitc.gov.

For additional FAQs related to Section 337 investigations, please use this link: https://www.usitc.gov/intellectual_property/documents/337_faqs.pdf

We are a small business that produces and sells a product in the United States. We believe that our business is being injured by imported products that are being sold at less than fair value (dumped) in the United States. We also believe that the foreign producers of these products are receiving illegal subsidies to produce and export these products. What trade remedies are available to us at the Commission?

The Commission and the U.S. Department of Commerce (Commerce) are responsible for conducting antidumping (AD) and countervailing duty (CVD) (subsidy) investigations under Title VII of the Tariff Act of 1930. Under this law, U.S. industries may petition the Commission and Commerce for relief from imports that are sold in the United States at less than fair value ("dumped") or that benefit from countervailable subsidies provided through foreign government programs ("subsidized"). Dumping and certain subsidizing are considered unfair trade practices.

The Commission and the U.S. Department of Commerce both have roles in these investigations, but each addresses a different question. Commerce determines whether the alleged dumping or subsidizing is happening, and if so, the margin of dumping or amount of subsidy. The Commission determines whether the U.S. industry is materially injured or threatened with material injury by reason of the imports under investigation. If both Commerce and the Commission reach affirmative final determinations on their individual questions, then Commerce will issue an antidumping duty order to offset the dumping or a countervailing duty order to offset the subsidy.

As a small business, you may receive general information and technical assistance from the Trade Remedy Assistance Office (TRAO). Technical assistance includes informal advice and assistance, including informal legal support, intended to enable eligible small entities to determine the appropriateness of pursuing remedies under Title VII, to prepare petitions, and to seek to obtain the remedies available under Title VII. Technical assistance does not include legal representation of an eligible small business or advocacy on its behalf. Relevant USITC rules are in 19 CFR 213. [PDF]. For further information, contact the Trade Remedy Assistance Program Manager, Joshua Levy, by phone at (202) 205-3236 or 1 (800) 343-9822, or by email at trao@usitc.gov.

For additional FAQs related to AD/CVD investigations, please use this link: https://www.usitc.gov/faqs/import_injury_faqs.htm

I would like to know the status of a particular AD/CVD or Section 337 investigation. Where can I find this information?

Information regarding the status of a particular active AD/CVD investigation can be found at the following link: https://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations.htm. Public reports for completed AD/CVD investigations can be found at this link: https://www.usitc.gov/commission_publications_library/701_731. Information regarding active Section 337 investigations can be found at the following link: https://pubapps2.usitc.gov/337external/. Section 337 publications can be found at the following link: https://www.usitc.gov/commission_publications_library/337

For further information, or if you need help navigating these sites, contact the Trade Remedy Assistance Program Manager, Joshua Levy, by phone at (202) 205-3236 or 1 (800) 343-9822, or by email at trao@usitc.gov

What is the appropriate Harmonized Tariff System (HTS) number for the product I am importing?

You can ask questions about the HTS using the Commission’s “Ask Us a Tariff Question” portal (https://www.usitc.gov/tariff_affairs/hts_help). Your question will be directed to staff in our Office of Tariff Affairs and Trade Agreements (TATA), who will be able to give you informal technical assistance and guidance. For formal tariff classification rulings, you will need to contact the U.S. Customs and Border Protection (CBP) (https://www.cbp.gov/trade/rulings).